The court emphasized that a dying declaration must be corroborated and that the prosecution bears the burden of proving guilt beyond a reasonable doubt, especially in circumstantial cases.

JUDGMENT

Meenakshi Madan Rai, J. - The victim, a man aged about forty-six years, a Government employee, was found lying on a cornfield, in Zeel, West Sikkim, at around 08.00 a.m., on 12-04-2021, in a critical condition with signs of brutal assault on his person. He held the Appellant responsible for the assault, which allegedly occurred on the night of 11-04-2021. On the morning of 13-04-2021, he succumbed to his injuries in the hospital. The First Information Report (FIR) Exhibit 2 was lodged on 12-04-2021, by PW-2 before the Kaluk PS, informing that his brother was assaulted near the Church, at Zeel, West Sikkim, at around 06.30 p.m. on 11-042021 by the Appellant. FIR No.05 of 2021, dated 12-04-2021 was registered against the Appellant, under Section 307 of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), which was converted to Section 302 IPC, on the death of the victim. The Court of the Learned Sessions Judge, West Sikkim, at Gyalshing, on examining the Prosecution witnesses and relying largely on the alleged dying declaration of the deceased, by the impugned Judgment, dated 29-06-2022, convicted the Appellant of the offence under Section 302 of the IPC and sentenced him to undergo imprisonment for life, with fine of ? 20,000/-(Rupees twenty thousand) only, and a default clause of imprisonment, in Sessions Trial Case No.05 of 2021 (State of Sikkim vs. Shaktiman Rai), on 29-06-2022.

2. On investigation, it transpired that PW-6 the landlord of the house where the deceased was residing, informed his neighbor PW-5 Sumitra Rai, on the morning of 12-04-2021, that the victim had not returned home the previous night, therefore he intended to search for him. He requested her to tend to his cattle in the meanwhile. For that purpose, when PW-5 came walking towards the house of PW-6, she saw the deceased lying naked on the cornfield of PW-6. She called out to PW-6, who reached the place and saw the deceased. PW-6 carried the deceased who was smelling of alcohol, to his room and on his enquiry from the deceased about his absence from home the night before and the reason for his condition, the deceased told him that he had been physically assaulted by the Appellant. PW-6 then informed PW-7 Chandra Lall Limboo, the cousin of the deceased about the incident, who in turn informed his sons PW-3 Suresh Limboo and PW-4 Rikesh Limboo. PWs 3 and 6 also informed PW-2, the Complainant, the younger brother of the deceased. The deceased as per PW-2 was taken to the District Hospital, Namchi, South District, the same morning by him, accompanied by his sisters, PW-3 and one Indra Bahadur Subba, where, on the morning of 1304-2021, he succumbed to his injuries. The deceased told PW-4 that the Appellant with whom he used to drink, had assaulted him.

(i) On his plea of 'not guilty' to the charge framed against the Appellant under Section 302 of the IPC, by the Learned Trial Court, he claimed trial, thus ten witnesses were examined by the Prosecution, on completion of which the Appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter, the 'Cr.P.C.'). Consideration of all evidence on record by the Learned Trial Court culminated in the impugned Judgment and Order on Sentence. The Learned Trial Court while convicting the Appellant based its finding on the alleged statement of the deceased made to PWs 2, 3, 4 and 6, implicating the Appellant for the assault. Such a statement the Learned Trial Court opined, was a 'dying declaration' and fell within the ambit of Section 32 of the Indian Evidence Act, 1872 (hereinafter, the 'Evidence Act'). The Learned Trial Court was also of the view that a mere lack of motive or enmity between the deceased and the Appellant or the failure of the investigating agency to recover and seize a (murder weapon) if any, would not suffice to reject the entire case of the Prosecution and discard the final words/statement of the deceased, who succumbed to his injuries in less than a day after he nam